Search form

2181. The person who gives something on lease, as well as the person who takes it on lease, should be adult and sane, and should be acting on their free will. It is also necessary that they should have the right of discretion over the property. Hence, a feeble-minded person who does not have the right of disposal or discretion over his property, or a person who has been prohibited by the Mujtahid from the right of discretion over his property, their leasing out of anything or taking anything on lease is not valid.

2182. A person can become the agent of another person and give his property on lease, or take some property on lease, on his behalf.

2183. If the guardian of a minor gives his property on lease, or makes him the lessee of another person, there is no harm in it. And if some period after the child's Bulugh is also included in the period of lease, the child cannot cancel that included part of the lease of his property after his becoming Baligh, but with regard to himself, the implication of the guardian’s permission is a matter of Ishkal, apart from the lease that is based on an interest which should be compulsorily fulfilled, for example, if the safety of a child’s life is considered in the lease.

2184. A minor child who has no guardian, cannot be hired without the permission of a Mujtahid. And if a person does not have access to a Mujtahid, he can hire the child after obtaining permission from a few Mo’mins who are 'Adil.

2185. It is not necessary for the lessor and the lessee to recite the formula in Arabic. In fact, if the owner says to a person: "I have leased out my property to you", and the other replies: "I accept it", the lease contract is in order. Also, if they do not utter any words, and the owner hands over his property to the lessee with the object of leasing it out, and lessee also takes it with the intention of taking it on lease, the lease contract by such conduct is in order.

2186. If a person wants to be hired for doing some work without reciting the formula, the hire contract will be in order, as soon as he starts doing that work.

2187. If a dumb person makes it known with signs that he has taken or given a property on lease, the lease contract is in order.

2188. If a person takes a house, shop or room on lease, and the owner of the property imposed the condition that only he (the lessee) can utilize it, the lessee cannot sublet it to any other person for his use, And if the owner of the property does not impose any such condition, the lessee can lease it out to another person, but if he wishes to lease it out for a higher amount in cash or kind, then as per obligatory precaution, he can do so if he has carried out some work on it, like, white washing or renovation, it is irrespective if he leases the same thing he was given on lease or some other thing.

2189. If a person who is hired on wages, lays down a condition that he will work for the hirer only, he (the hirer) cannot lease out his service to another person. And if the hired person does not lay down any such condition, the hirer can lease out his services to another, but he cannot charge more than the agreed wage for the hired person, as per obligatory precaution; it is irrespective if he leases for the same thing he was given on lease or for some other thing.

2190. As per obligatory precaution, a person cannot lease out a land, a ship and a grinding mill on a higher rent than he took on lease, but apart from these three things, and apart from house, shop and a hired person, if he hires something else on lease, and its owner does not lay down the condition that only he himself can utilise it, the lessee can lease it out to another person on a higher rent that he took on lease.

2191. If a person takes for example, a house or a shop on lease for one year, on a rent of one hundred rupees, and uses half portion of it himself, he can lease out the remaining half for one hundred rupees. However, if he wishes to lease out the half portion on a rent higher than that on which he has taken the house, or shop on lease, like, if he wishes to lease it out for hundred and twenty rupees, he can do it only if he has carried out repairs etc. in it.